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Refusal to Classify Fulani Militia Terrorists, A Disservice to Nigeria – HURIWA

“That armed Fulani militia continue to decimate and degrade operatives of the Armed Forces of Nigeria and President Muhammadu Buhari continues to delay the classification of these mass murderers as terrorists is a grave disservice to the Federal Republic of Nigeria and amounts to a violation of the countrys’ terrorism law because it portrays the Federal government of President Buhari as a sponsor of terrorists and a terrorism sympathiser”. 

With the above citation the prominent Civil Rights Advocacy Group-: HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has once again condemned the tolerable tendency of the Federal government towards the daredevil mass killings of armed Fulani bandits who are yet to classify as terrorists and who have continued to unleashed violence in Zango Kataf Southern Kaduna State and most parts of North West including Zamfara where I the last few days, scores of armed security operatives and soldiers have been slaughtered hy the armed bandits.

“HURIWA is shocked that the soldiers were killed while trying to repel the attack of armed Fulani attackers in Zamfara State and some villages in the Christian dominated Southern Kaduna were attacked and many villagers killed but the government is still pampering these terrorists. The bandits were said to have abducted many motorists and carted away guns and ammunitions of the soldiers.  A resident, Abubakar Bala Tsafe, confirmed the attack  “I heard that they blocked the Wanzamai – Kucheri road and they killed soldiers. The attack took place around 2:45 p.m. and they (bandits) were said to have closed down the road to ensure that security personnel did not come to the rescue of the motorists or villagers being attacked.”

HURIWA is convinced that the failure of President Muhammadu Buhari’s administration to classify the North Western armed Fulani bandits as terrorists even when they have shot down a military jet and have continued to kill off operatives of the Nigeria Police and Nigeria Army amounts to being SYMPATHETIC TO TERRORISTS.  

” For the avoidance of doubts, terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government or its citizens to further certain political or social objectives.

CAUSES OF TERRORISM.
Thus, the causes of terrorism suggested include “poverty,” “inequality,” “globalization,” “technology,” “energy,” “oil,” “Islam,” “Islamic fundamentalism,” and “psychopathy,” among others. There are also widespread challenges to each of these causes on both scientific and ideological grounds.

Nigeria is no stranger to the activities of terrorists, and in particular, Boko-Haram. … Nigeria has a national legislation against terrorism, Terrorism (Prevention) (Amendment) Act 2013, which provides measures for the prevention, prohibition and combating of acts of terrorism, and the financing of terrorism.”

HURIWA says ignoring persistent call by Nigerians on government  to classify armed bandits as terrorists is itself a crime of terrorism. Declaration of Fulani militia members as terrorists will allow the judicial system to be employed to deal decisively with them. This is because the

Federal terrorism penalties can include a death sentence even where a state has banned the death penalty. Even if no one is harmed or killed, an individual can face a long prison sentence. A conviction for providing material support or resources to a terrorist organization can result in imprisonment for 20 years.”

“As stated above the penalties can range from a 20-year jail term to death sentences depending on the severity of cases. The Act also facilitates help from foreign governments by way of mutual assistance, information sharing, and extradition with regard to that.

According to Federal High Court Practice Direction it is only the High Court that has the exclusive Jurisdiction on Matters on Terrorism. Laws guiding Terrorism in Nigeria. 

-Terrorism prevention Act ( TPA)2011.

-Terrorism prevention  (Amendment )Act 2013.

-Criminal code ( in the south ) Cap 38.

-Penal code ( in the North )Cap 89.

-Administration of criminal justice Act 2015.

THE POSITION OF LAW ON THE GOVERNMENT OBLIGATIONS TO COMBAT TERRORIST 
The Terrorism Prevention Act 2011 and 2013  as amended  provides for the prevention and combating of Acts of terrorism and the finacing of terrorism in Nigeria.All states have obligation to prosecute  any individual alleged to have committed terrorism crimes and  extradicte The suspect to a third state for prosecution, just like in the extradition of Amino Sadiq Ogwuche from Sudan to Nigeria in 2014 to face terms charges In Abuja relating to the bomb attack on Nyanya bus terminal, Abuja in 2014 is an example of the obligations to prosecute or extradite. 

The ground against terrorism in Nigeria ;

The constitution,  court system and anti – terriorism laws. 

LAW AND CASES  AGAINST SUPPORT TO TERRIORISM. According to Section 15(1-3) of ECONOMIC AND FINACIAL CRIME COMMISSION  (established ) Act 2004.
(1) – A person who wilfully provides or collects by any means directly or indirectly  any money by any other person with intent that the money shall be used for any act of Terriorism commits an Offence under this act and shall be liable on conviction to imprisonment for life.

(2)- Any person who commits or attempt to commits a terrorist act ,commits an Offence under this act and liable on conviction to imprisonment for life.

(3)- Any person who makes funds,finacial assets or economic resources or finacial or other related services available for use of any other person to commit or attempt to commit,facilitie or participate in the commission of a terriorist act is liable on conviction to imprisonment for life. 

In the Federal Republic of Nigeria Vs Sauaibu Abubakar,Salisu Ahmed,Umar Babangida ,Mohammed  Ali,Musa Adam and Umar Ibrahim, the accused were charged under section 15 (2).of the Economic and finacial crime commission.”

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